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View Full Version : Rental agreements / Lawsuits etc



AestheticDeath
05-22-2009, 12:32 AM
Probably too long for most of you to read or care about but -

A friend of mine moved into a new place and within the first week he started having trouble with his next door neighbor. Apparently the guy is a drug dealer, up at all hours, especially night time, cars coming and going every hour etc, they only stop for <5 minutes.

Fast forward, approximately two months, and after all sorts of stupid trouble like neighbor throwing nails in his driveway etc., his house gets broken into.

From all the things that went on with the neighbor we assumed correctly that he or his kid or both were the ones who did it. They got his large plasma TV, playstation and games, dvds, laundry basket and pillow cases full of junk, some of his expensive ammo, camcorder/laptop bags and accessories though not the actual camcorder and laptops.

From listening and watching the neighbors he heard one of the kids pop off and say that they had fucked that house up etc. After the house was broken into, the neighbor had a large van that had not been there before, coming and going a lot - supposedly trying to move the stuff they took. They started walking from their house to another house down a street, less then a block away. Few other people walking away with bags of stuff etc.

It was all reported to the cops they fingerprinted and whatnot. But they were really unable to do anything. They have to catch the guy outside his house to arrest him, and even though he drives his car all the time without a drivers license, they are not able to catch him for some reason.

SO, my friend decides he will not live next to this guy anymore, and after a lil over two months into a year long contract, he moves out. He just paid for the months rent like 8 days earlier. Had paid a $400? deposit.

He tells the guy who is renting out the place that he is moving, moves out in a day, and turns off the electricity since it was then in his name. He writes a certified letter to the guy asking for his deposit back(which I figured he would not get). The guy responds with something along the lines of my friend not getting the deposit, as well as owing $1062 or so for breaking the contract, and an extra months rent. Also, he got mad at my friend for turning off the electricity, because he needs it on to keep showing the house to rent it out again. Does the previous renter have ANY obligation to keep the electricity on?

Friend and his family swear the rental guy is going to sue my friend for the money.

I assume he won't, that he will just request it, and upon not receiving it, report him to the credit agencies and totally fuck his credit over.

A lawyer friend they talked to said something about that if the rental guy sues my friend, he will lose, and wind up owing my friend like 3x what he sues him over. Because of the problem neighbor, which the rental guy knew about but obviously didn't notify anyone of, and the break in etc. Is there any truth to that?

They wound up calling some friends in law enforcement and attained some past records back up to like Sept. of last year, with like 20 pages each for the house he rented and the troublesome neighbors house, all kinds of call ins reporting problems etc. Long ongoing problems every since that neighbor moved there.

So obviously my friend should have checked on the neighbors/neighborhood, before jumping in and signing a year long contract and whatnot. The rental guy, it seems to me, should have disclosed the troublesome neighbor.

I have still never been in any kind of rental or lease agreement, so I was wondering what kind of advice anyone might have along the lines of breaking the contracts, and what, if any reasons, could actually let you break without penalty.

If either party took this to court, is there a clear cut winner?

Warriorbird
05-22-2009, 12:46 AM
Not speaking as a lawyer... maybe they ought to consult more than just their 'attorney friend.'

Methais
05-22-2009, 12:54 AM
He should have just burned the neighbor's house down.

AestheticDeath
05-22-2009, 01:00 AM
Not speaking as a lawyer... maybe they ought to consult more than just their 'attorney friend.'

Like who? They know a sheriff, and tons of cops, already talked to them. Their hands are tied as far as the neighbor is concerned.

And who else should they consult about the rental thing besides that lawyer? He can't afford to go pay someone for their services atm.

kookiegod
05-22-2009, 01:15 AM
Well, there are two issues here...

1) Your friend signed a lease. He is obligated to pay.

2) He has a right to quiet enjoyment, and the lessor should have informed him of issues, and if the lessor didn't own the other property, not much he can do (if he did, then severely liable), but regardless, a person should be able to live without being a target assuming they not doing anything to the other party.

Given the police reports, I think your friend should be be able to get the lease voided. You are entitled to live in a safe place and the quiet enjoyment of your premises. Granted, periodically, your neighbor throws a wild party and he should have the foresight to either 1) consult you or 2) invite you, and you look the other way, and they do the same for you.

I have em periodically, and no one ever complains, but i go to the house next door and the house behind with baked goods ahead of time and make sure they ok.

~Paul

Kyra231
05-22-2009, 01:20 AM
Also, he got mad at my friend for turning off the electricity, because he needs it on to keep showing the house to rent it out again. Does the previous renter have ANY obligation to keep the electricity on?

I've never left the electricity on for any reason(or been asked to) when I've moved out of a rental. I can only see bad things coming of doing that.

AestheticDeath
05-22-2009, 01:30 AM
Yeah everything I am finding from googling this shit, seems to point to him being shit out of luck, having broken the lease without proper notice or cause.

Except for the prior incidents, which the landlord had to have known about. That one thing, might get him off. At least partially.

Warriorbird
05-23-2009, 02:13 AM
Like who? They know a sheriff, and tons of cops, already talked to them. Their hands are tied as far as the neighbor is concerned.

And who else should they consult about the rental thing besides that lawyer? He can't afford to go pay someone for their services atm.

A different lawyer. Many offer free consultations.

AestheticDeath
05-23-2009, 11:09 AM
k he finally texted me this as far as the contract stated

"$1068.78, unless family violence, military, or extenuating circumstances"

So apparently the guy thinks the extenuating circumstances would cover the two months harassment and subsequent break in or something. That is all I could come up with.

Ignot
05-23-2009, 11:17 AM
He should have just burned the neighbor's house down.

Is that Anticor in your avatar??

AestheticDeath
05-23-2009, 11:19 AM
Oh, and the landlord is trying to sell the house now, instead of rent it out again.

AnticorRifling
05-24-2009, 06:54 PM
Is that Anticor in your avatar?? I will punch you in the dick.